Where an action has been dismissed as a result of being marked "off" and not restored within one year (Rules Civ. Prac., rule 302, subd. 2), the court may nevertheless grant relief to the defaulting party if justifiable circumstances are shown (Adriance v. Clifford, 278 App. Div. 735, 736). We believe such circumstances have been shown here and that relator's default should be opened and the proceedings restored to the calendar. Long after the
Welcome to the leading source of independent legal reporting
Let's get started
Sign on now to see your case.
Or view more than 10 million decisions and orders.
PEOPLE EX REL. v. BOYLAND
3 A.D.2d 738 (1957)
The People of the State of New York ex rel. Charles Weiss, Appellant, v. William E. Boyland et al., Constituting The Tax Commission of the City of New York, Respondents. [966 Third Ave., Borough of Manhattan.]
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
March 19, 1957
March 19, 1957
Appellate Division of the Supreme Court of the State of New York, First Department.
Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.
Cited Cases
- No Cases Found
Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.
